NUPUR BHATI
United India Insurance Company Limited – Appellant
Versus
Bharti W/o Late Pukhraj – Respondent
JUDGMENT :
1. The appellant/non-claimant No.3 has filed by the instant appeal under Section 173 of the M.V. Act, 1988, challenging the validity of the judgment and award dated 03.04.2019 passed by learned Judge, Motor Accident Claims Tribunal, Pali (‘Tribunal’) in MAC Case No.109/2018, whereby the learned Tribunal has awarded compensation in favour of claimants to tune of Rs.14,04,000/- along with interest @ 9% p.a. from the date of filing the claim petition on account of death of Sh. Pukhraj.
2. Briefly stated, the facts of the case are that claimants filed a claim petition under Section 140/166 of the M.V. Act, 1988 before the learned Tribunal claiming compensation on account of untimely death of their breadwinner late Sh. Pukhraj. In the claim petition it was stated by the claimants that on 19.11.2017, while deceased was riding on Motorcycle No.RJ-22-AS-9603 from Sanwata Khurd to Sanwanta Kallan, in the meanwhile another Motorcycle (RJ-22-AS-6018), which was plied by its rider in wrong side, hit the motorcycle of Pukhraj. As a result of which, Pukhraj sustained head injury and he died during treatment on 25.11.2017. At the time of accident, the deceased was 39 years of age and thu
National Insurance Co. Ltd v. Pranay Sethi : 2017 (16) SCC 680
Sarla Verma v. Delhi Transport Corporation : AIR 2009 SC 3104
Compensation in motor vehicle accident cases must be substantiated by evidence, and established guidelines should be followed for calculating loss of income and damages.
Compensation in motor vehicle accident cases must be substantiated by evidence, and established legal guidelines should be followed for accurate assessment.
The court clarified the method for calculating compensation in motor vehicle accident cases, focusing on deductions for personal expenses and future prospects.
In absence of documentary proof, minimum wage notifications serve as a basis for income assessment in compensation claims.
The court established that accurate income assessment and consideration of future prospects are crucial in determining compensation under the M.V. Act.
Compensation determination must reflect actual earnings and dependents' needs, ensuring fair and just assessments under the MV Act.
The court upheld the Motor Accident Claims Tribunal's compensation assessment, affirming reliance on vehicle ownership for income determination despite challenges regarding the quantum of compensatio....
The court upheld the compensation granted by the learned Tribunal based on established criteria and determined no justification existed to alter the award.
The court established that compensation in motor vehicle accident cases must be based on accurate income assessments and proper evidence, as per the M.V. Act.
Assessment of compensation under the Motor Vehicles Act involves determining the notional income of the deceased and applying the appropriate multiplier based on the age group, as per the guidelines ....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.